Any party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court of equity having jurisdiction wherein the building, structure, other property, or railroad is located to hold a hearing to determine the validity of any perfected lien on the property. After reasonable notice to the lien claimant and any party to whom the benefit of the lien would inure and who has given notice as provided in § 43-18 of the Code of Virginia, the court shall hold a hearing and determine the validity of the lien. If the court finds that the lien is invalid, it shall forthwith order that the memorandum or notice of lien be released from record.
1975, c. 380; 2010, c. 352.
Structure Code of Virginia
Title 43 - Mechanics' and Certain Other Liens
Chapter 1 - Mechanics' and Materialmen's Liens
§ 43-2. Structures, materials, etc., deemed permanently annexed to freehold
§ 43-3. Lien for work done and materials furnished; waiver of right to file or enforce lien
§ 43-4. Perfection of lien by general contractor; recordation and notice
§ 43-4.1. Liens to be recorded in deed books and indexed in general index of deeds
§ 43-5. Sufficiency of memorandum and affidavit required by § 43-4
§ 43-8. Sufficiency of memorandum, affidavit and notice required by § 43-7
§ 43-10. Sufficiency of memorandum, affidavit and notice required by § 43-9
§ 43-13.1. Use of lien waiver form; forgery or signing without authority
§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale
§ 43-15. Inaccuracies in memorandum or description not affecting lien
§ 43-16. What owner may do when contractor fails or refuses to complete building, etc.
§ 43-17. Limitation on suit to enforce lien
§ 43-17.1. Hearing on validity of lien
§ 43-18. Lien of general contractor to inure to benefit of subcontractor
§ 43-19. Validity and priority of lien not affected by assignments
§ 43-20. Extent of lien where owner has less than fee in land
§ 43-21. Priorities between mechanics' and other liens